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Supreme Court of India 2020-02-07 dismissed

S.K.J. Coke Industries Ltd. & Anr vs Coal India Ltd. & Ors

Bench: 2 — Aniruddha Bose

In Brief

S.K.J. Coke Industries sought preferential coal pricing as a 'linked consumer' against Coal India Ltd. The company argued it should pay Government-fixed linked rates rather than higher Liberalised Sales Scheme (LSS) prices. The Supreme Court held that while a 1996 Linkage Committee resolution treated cokery units as 'linked' for supply purposes, the resolution explicitly separated pricing decisions, directing coal companies to charge 'price prevalent at any point of time'. The Court distinguished 'allocation' (supply quantity) from 'linkage' (allocation plus preferential pricing). Once Coal India was exempted from price control in January 1996, coal companies could charge LSS rates. The appellant lacked a comprehensive linking agreement covering both allocation and pricing, unlike true linked consumers. The appeal was dismissed.

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